Living in Technical Legality


Book Description

First comparative study to address the rediscovery of baroque aesthetic in modernism.




Technology


Book Description

Placing contemporary technological developments in their historical context, this book argues for the importance of law in their regulation. Technological developments are focused upon overcoming physical and human constraints. There are no normative constraints inherent in the quest for ongoing and future technological development. In contrast, law proffers an essential normative constraint. Just because we can do something, does not mean that we should. Through the application of critical legal theory and jurisprudence to pro-actively engage with technology, this book demonstrates why legal thinking should be prioritised in emerging technological futures. This book articulates classic skills and values such as ethics and justice to ensure that future and ongoing legal engagements with socio-technological developments are tempered by legal normative constraints. Encouraging them to foreground questions of justice and critique when thinking about law and technology, the book addresses law students and teachers, lawyers and critical thinkers concerned with the proliferation of technology in our lives.




The Legal Technology Guidebook


Book Description

This book explores the transformational impact of new technological developments on legal practice. More specifically, it addresses knowledge management, communication, and e-discovery related technologies, and helps readers develop the project management and data analysis skills needed to effectively navigate the current, and future, landscapes. It studies the impact of current trends on business practices, as well as the ethical, procedural, and evidentiary concerns involved. Introducing novel interactive technologies as well as traditional content, the book reflects expertise from across the legal industry, including practitioners, the bench, academia, and legal technology consultants. All of the contributing authors currently teach aspiring lawyers and/or paralegals and have identified a gap in the available instructional material. Rapid technology advances have radically changed the way we all live and work, and the legal profession is by no means exempt from the impact of these changes. In order to better assist their clients, and to better compete on the legal market, it is imperative for lawyers to understand the ethical, functional, and business consequences of new technologies on their respective practices. This book provides the necessary content by including legal technology texts, information about novel pedagogical technologies, helpful tools for managing legal technologies and IT staff, statistical methods, tips and checklists.




Law in an Era of Smart Technology


Book Description

Should law be technologically neutral, or should it evolve as human relationships with technology become more advanced? In Law in an Era of "Smart" Technology, Susan Brenner analyzes the complex and evolving interactions between law and technology and provides a thorough and detailed account of the law in technology at the beginning of the 21st century. Brenner draws upon recent technological advances, evaluating how developing technologies may alter how humans interact with each other and with their environment. She analyzes the development of technology as shifting from one of "use" to one of "interaction," and argues that this interchange needs us to reconceptualize our approach to legal rules, which were originally designed to prevent the "misuse" of older technologies. As technologies continue to develop over the next several decades, Brenner argues that the laws directed between human and technological relationships should remain neutral. She explains how older technologies rely on human implementation, but new "smart" technology will be completely automated. This will eventually lead to, as she explains, the ultimate progression in our relationship with technology: the fusion of human physiology and technology. Law in an Era of "Smart" Technology provides a detailed, historically-grounded explanation as to why our traditional relationship with technology is evolving and why a corresponding shift in the law is imminent and necessary.




Legal Aspects of Managing Technology


Book Description

This helpful guide uses a public policy approach, illustrating how U.S. and international governmental bodies make and change policies affecting technology management. To illustrate legal issues discussed in the text, Lee Burgunder uses actual legal cases. Throughout, Burgunder focuses on the issues that are of most concern to technology managers.




Repugnant Laws


Book Description

When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.




Living Law


Book Description

"This book offers a radical new understanding of law, beyond the confines of its formalization by the state. The book takes off from the late work of Gilles Deleuze and Michel Foucault, for whom law and its institutions came to be liberated from an ideological perspective that had treated them as sterile instruments for the reproduction of domination. Engaging its continental history, it addresses the concept of law, not merely as a 'command', but as the result of a much more complex legal operation aimed at dynamically stabilizing the social relations of a community. The book thus sidesteps the usual legal-political focus on those - from Hobbes to Schmitt - who have contributed to the categorical scheme of the modern state, and with it questions of political representation, sovereignty, the rigid distinction between public law and private law, and so on, as it pursues an alternative theoretical trajectory through Ravaisson, Tarde, and Hauriou. Politics, the book maintains, can be no longer be treated simply through the state form. And, relatedly, the law must be seen as a living law: a law that cannot be treated exclusively in formal terms, but must be taken as a grammar capable of articulating a politics of process, relationality, and innovation. Reconceived as such, law can then circumvent the aporias that arise when society is viewed as a private company, and the state seen as the bearer of the only possible means of formalizing its relationships. At the intersection of law and political theory, this book will speak to scholars and others with interests in both these areas, and especially those concerned with the limits of both conventional and critical approaches to law"--




The Laws of Simplicity


Book Description

Ten laws of simplicity for business, technology, and design that teach us how to need less but get more. Finally, we are learning that simplicity equals sanity. We're rebelling against technology that's too complicated, DVD players with too many menus, and software accompanied by 75-megabyte "read me" manuals. The iPod's clean gadgetry has made simplicity hip. But sometimes we find ourselves caught up in the simplicity paradox: we want something that's simple and easy to use, but also does all the complex things we might ever want it to do. In The Laws of Simplicity, John Maeda offers ten laws for balancing simplicity and complexity in business, technology, and design—guidelines for needing less and actually getting more. Maeda—a professor in MIT's Media Lab and a world-renowned graphic designer—explores the question of how we can redefine the notion of "improved" so that it doesn't always mean something more, something added on. Maeda's first law of simplicity is "Reduce." It's not necessarily beneficial to add technology features just because we can. And the features that we do have must be organized (Law 2) in a sensible hierarchy so users aren't distracted by features and functions they don't need. But simplicity is not less just for the sake of less. Skip ahead to Law 9: "Failure: Accept the fact that some things can never be made simple." Maeda's concise guide to simplicity in the digital age shows us how this idea can be a cornerstone of organizations and their products—how it can drive both business and technology. We can learn to simplify without sacrificing comfort and meaning, and we can achieve the balance described in Law 10. This law, which Maeda calls "The One," tells us: "Simplicity is about subtracting the obvious, and adding the meaningful."




Law For Dummies


Book Description

Get answers to your legal questions — in plain English! Find out how to protect your family, your money, your job, and your rights If you're like most people, you probably don't know much about your legal rights and responsibilities — until you run smack-dab into a messy legal problem. Now revised and updated, this friendly guide helps you get a handle on a wide range of everyday legal issues, decipher legal mumbo-jumbo — and come out on top. Discover how to: Protect your child support rights Arm yourself against identity theft Clean up your credit and improve your credit score Hire the right attorney for your needs Draw up wills and living wills




Privacy in Context


Book Description

Privacy is one of the most urgent issues associated with information technology and digital media. This book claims that what people really care about when they complain and protest that privacy has been violated is not the act of sharing information itself—most people understand that this is crucial to social life —but the inappropriate, improper sharing of information. Arguing that privacy concerns should not be limited solely to concern about control over personal information, Helen Nissenbaum counters that information ought to be distributed and protected according to norms governing distinct social contexts—whether it be workplace, health care, schools, or among family and friends. She warns that basic distinctions between public and private, informing many current privacy policies, in fact obscure more than they clarify. In truth, contemporary information systems should alarm us only when they function without regard for social norms and values, and thereby weaken the fabric of social life.